In 2014, the government’s employment agencies were aggressive and active in terms of investigations and lawsuits. Employers should expect this to continue in the new year and pay particular attention to the...more

It comes as no surprise that employers increasingly find themselves dealing with workplace challenges relating to Ebola. The issues tend to arise in two contexts: How should employers respond to employee concerns, and what...more

It’s no secret to employers that the Equal Employment Opportunity Commission has taken a more provocative and confrontational approach to investigating and litigating claims of employment discrimination. But the EEOC’s...more

During the last several months, a number of government agencies and courts have taken the position that a company can be considered the employer of another company’s employees for purposes of employment law obligations. Most...more

On April 25, 2012, the Equal Employment Opportunity Commission (EEOC) issued its Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of...more

From time to time, employers discharge employees because they’re “not a good fit” or “not a team player.” While these may be perfectly good reasons for ending someone’s employment, be aware that in some situations courts or...more

Car dealerships must be a Mecca for pranks. The combination of substantial periods of downtime with a lively sales staff leads to workplace fun. But what happens when things turn ugly, and someone gets hurt? Does the employer...more

Hard to believe, but this spring was the first time an Oklahoma case answered the question whether offensive language directed by an employee toward a supervisor disqualifies the fired employee from receiving unemployment...more

Employers are well aware of their obligation to act promptly to stop harassment or discriminatory behavior in the workplace when it is committed by employees. But this obligation can be more extensive. Employers are required...more

In recent months, some of the National Labor Relations Board’s intentions have become obvious. First, the NLRB plans on devoting considerable attention and resources towards non-union employees and employers. Next, the NLRB...more

Were the Doors thinking about the prospect of unionized college football when they wrote and performed “The End”? That’s how many of us felt when the NLRB ruled that Northwestern University football players could form a...more

Last week’s announcement by President Obama of a planned increase to the number of employees who would be entitled to receive overtime pay set off a barrage of reactions. Now, let’s take a closer look at what it is all about....more

There are a lot of good reasons for employers to want to eliminate workplace confrontations. Disputes among employees affect productivity, make for an unhappy and unprofessional work environment, and can escalate to more...more

For some time, the NCAA, academic institutions and students have been debating how college athletes — who earn millions of dollars for their institutions — should be treated in terms of compensation, benefits and having a...more

About a year ago, a group of private citizens paid for a seven-foot-tall granite monument of the Ten Commandments and gained approval for it to be placed on the north end of the Oklahoma Capitol grounds. Not surprisingly, a...more

The Equal Pay Act of 1963 (EPA) prohibits sex-based discrimination in pay and benefits. Employers should not pay different wages to employees of the opposite sex for substantially equal work. “Substantially equal” work does...more

The last several months have witnessed a flurry of court activity regarding same-sex marriage laws. On Tuesday, January 14, Oklahoma joined that activity with an order and opinion issued by Tulsa’s federal court....more

I get tired of reading stories about employees fired by their employer for some ill-conceived tweet, blog, photo or Facebook posting. Invariably, my first reaction is, “How can people be so reckless or dumb?” As these...more

By now, most employers have faced situations in which they have discovered an employee has used a false Social Security number. Such discovery usually results in an employee discharge or resignation. A lawsuit filed on...more

Effective November 1, 2013, two Oklahoma statutes governing how an employer addresses tobacco use in its workplace or by its employees will be revised.
Under the new 21 Okla. Stat. § 1247, lighted tobacco products in...more

After the U.S. Supreme Court handed down its decision regarding same-sex marriages in United States v. Windsor this summer, a number of governmental agencies charged with administering employment laws have issued explanations...more